Revolutionary War Pension and Bounty Land Warrant Application File W. 24,272, David Gardner, Mass. Sea Service Navy Privateer

SERVICE
NUMBER
Mass. Sea Service
Gardner, David
N. 24,272
Navy
Henry
Private
Lovina
CONTENTS
Blank lined area for entries
Blank lined area for entries

Reported
Paper sent to just Comptroller's Office
875.
Massachusetts. Lovina Gardner widow of David Gardner who served in the Revolutionary war, as a Carpenter's Mate
Inscribed on the Roll at the rate of 35 Dollars 55, Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 26. day of July 1848. and sent to
G. D. Dufresne Boston Mass
Recorded on Roll of Pensioners under act February 2, 1848, Page 52 Vol. 2

Admitted
G. S. Bulfinch Boston Mass

Commonwealth of Massachusetts.
Secretary's Office, Boston July 18 th 1848
I hereby Certify, That at the date of the annexed attestation Sullivan Fay was a Justice of the Peace for the County of Worcester
in the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
Wm. Lloyd Secretary of the Commonwealth.

DECLARATION
In order to obtain the benefits of the act of Congress of 2d February, 1848, entitled, "An act making further provision for surviving Widows and Soldiers of the Revolution."
COMMONWEALTH OF MASSACHUSETTS, } ss. Worcester COUNTY, }
On this twenty sixth day of June 1848 personally appeared before the subscriber, a Justice of the Peace, in and for the county aforesaid,
Lovina Gardner a resident of Southboro' in the county of Worcester aged eighty four years, who being first duly sworn, according to law, doth on her oath, make the following declaration, in order to obtain the benefits of the provision made by the act of Congress, passed on the 2d February, 1848, granting pensions to widows of persons who served during the Revolutionary war. That she is the widow of
David Gardner , alias Henry Gardner who was a resident of Boston and who was a carpenter  male  mate in the Ship Mars , and rendered other services in the Revolutionary war and is the identical person who drew a pension under the Act of 17th June, 1844, on account of the Revolutionary service of her late husband aforesaid, at the rate of thirty five dollars and fifty five cents per annum. She further declares that she is still a widow.
Lovina X Gardner 
Sworn to and subscribed on the day } Before me, and year above written, }
In presence of
David Gardner
Sullivan Fay Justice of the Peace.
I Certify, That the declarant is personally known to me, a widow and a pensioner, as she declares.
Sullivan Fay Justice of the Peace.
COMMONWEALTH OF MASSACHUSETTS, } ss. Worcester COUNTY, }
I, Charles W. Hartshorn Clerk of the Supreme Judicial Court , of the County and State aforesaid, do hereby certify that Sullivan Fay on the 26 th day of June current year is a Justice of the Peace, in and for said County, duly commissioned and qualified; and that his signature, above written, is genuine.
Given under my hand, and the Seal of said Court, this twenty eighth day of June 1848.
Chas. W. Hartshorn CLERK.

Southwick Dec 4
Col. Edwards,
Comr of Pensions Washington City.
Dec 9, 1896 See card Mr. Parsons

Southboro Dec r 4 th / 96
To Col Edward re
Sir,
In my last, I made a statement from my aunt Gardner, in relation to my late Uncle David Gardner who was the 1 st Gunner on Board the Bon, Horns Richard re - You will be now pleased to communicate why you can not allow this Just Claim long since his due from the Government. I have various cases I can lay before the Government to show that a Pension has long since been awarded to those who served under Paul Jones, even in the Alliance Viz Dr Ezra Greene of Dover NH who was on board the Ranger =
From every fact it appears my Uncle G. T. Widow is entitled to a pension & prize money.

money by the former award trusting it may be in your power to decide this case at an Early day —
Should circum- stances render it advisable to lay the case before Congress the time is at hand, when it will be necessary to so arr- ange, but not until I can hear your final action —
I have the honor to be Very Respectfully
Your oblt Servt
Wm Loomis
Wm Loomis
Col, Edward
Comm te on Pensions

To the Ely with Gardo a d 36 h of 357th bread of keep - I find no correspondence to all the papers in the New Era.
2

Southbor d . March 2 d 1846.
My Husband David Gardner, worked, and learn- -ed the Tailors trade in Boston of a Mr Coolidge:- at the age of twenty-one years he left Boston and went to sea in a Privateer-Ship, was cast away, went to France.- in Paris he got assistance of Dr. Franklin, who gave him two crowns; He Shiped on board the Bon, H. Richerd, was in Battle with several Vessels which were made prizes: afterward returned to Boston, in the Ship Alliance, Capt. Leandais, with Gen l La- Fayette on board:- afterwards, he came from Boston to Southbor d and we were married. 1802. We have (had) a large family to support entirely by our Industry together with my father, and Mother, upwards of eighty years of Age. — Mr Gardner my Husband, when speaking of the severity and carnage, produced, the Guns heated to that degree as to become almost unmanageable, in the time of the Battle. — He would say, that if he could have his share of the prize-money he should not be so poor. — but the poor Man never had a cent and never Applied.
Lovina Gardner
Commonwealth of Massachusetts, Worcester County ss. On this fifth day of March A.D. one thousand eight hundred and forty six personally appeared before me Sullivan Fay a Justice of the Peace for said County of Worcester, Lovina Gardner and made solemn oath to the truth of the foregoing certificate by her subscribed Sullivan Fay Justice of the Peace

W. Emmons March 11. '46 to same July 3. '47
Sum 7 mo 17 days Account now abnd

16656
Mass.
Suspended See let. to Hon. Mr. Davis Feb. 4. 18 th 1840.
act 7. July '38

Reg  WIDOW, &c.
File No. 24272
Sophia Gardner Wid of David Gardner Carpenter Mate New-bed
Act: Feb 2nd 1848
Index:—Vol. A , Page 266
[Arrangement of 1870.]

Leicester Jan. 21. 1840
Dear Sir
I enclose to you here the papers in the prison case of Laurence Gardner. The prisoner was a Marine under Paul Jones, and I suppose there is no doubt as to the justice of his bilious claim for a pension. I send the papers to you, as you may be able to make some reform to the acts or regulations of the naval ser- vice, of which we are here not advised. Mr. John Pympleton of Southburgh informs me that he spoke to you in relation to this case. Yours very Respectfully J. M. Atkinson

Randal McLaughlin Greensburg Westmoreland Co
Replied Peru
John Plynpton Letter
Uncle Gardner prize money - in the Home Richard under Paul Jones
Southwick Feb 6 Mr William Common Washington D.C.

Southboro' Sept. 4 th 1845
Mr W m Emmons — Very respected Friend — By the politeness of B r Sam l and Joshua have had intelli- -gence from you. Your letter of Feb y 1 st 45 was rec d with much satisfaction. — You ex- -pected, as was anticipated a visit at Wash- -ton last Spring, at the Inauguration of our Democratic President, but some circumstan- -ces of my Health &c prevented. — We delight to recognize Friends with applause and to those Ladies, and Heroes, whom would sacrifice all for the freedom, and happiness of their Country. I would now state to you relative to M rs M ary Pension, you wish d to know who B. H. Cheever is and what he has reported. — B. H. Cheever, is a Nephew of mine did reside at Washington, was connected in the family of J. Tyler, and by him appointed to some Office; S d Cheever first proposed to have the supervision of S d pension concern. His first report was that Col. Sherburne was the Administrator of the Estate of Com. Paul Jones, & and if M rs M ary would permit say 10% ent of amt of Pension when obtained he thought it might be obtained, She accordingly wrote on her consent to comply with his proposal — Yours ever —

I am authorized to say to you Sir, that you shall be remunerated for your services for the obtaining of Pension & prize.
I would return you my very many thanks for your past favours, and honorable notice and assistance, which myself, together with all your old friends appreciate.
Wm Lloyd Washington D.C. P.S. -
John Pym
A historical account relates of a prize taken by Com. Paul Jones in the Bay. Horse Richard, carried into Burgin in Norway, and sold. - which your uncle Gardner used to remark, that if he was to have his share of prize- money, it would help to make his circumstances more comfortable. Dear Friend please write as soon as conve- nient if our friend John should determine, we might see you at the Sanhedrin
Wm Lloyd
J. P.

Then in Oct r 23 d 1844 He reported for the last time in these words (viz) "I have several times made Inquiry in relation to the claim of your Mother and I find it is is indeed a gone Cause; - gone if there were funds in the Treasury to obtain it. - it would be Impossible for her to obtain it. - as the original pay roll, is not to be found since the great fire in the Treasury Dep t . Suppos to be burned, I regret this exceedingly, but am sure if there was any possible Clue to get at this I am in a situation to obtain it, and I now say give it up, It will be of no avail to do any more." - Thus far his report.
There were six depositions, four sent at one time and two at another time, for proof to sup- -port Claimant in in in in in in in A Certificate signed J. L. Edwards, War De- -partment, Pension Office, Feb y 18 th 1840. stating that the Depositions were examined and placed on file in the Pension Office in
Now Sir, if you can and will certify relative to your knowledge services to the Department, and take upon yourself the Supervision of the Claim and obtaining the same, you will confer a great favour on the old Lady who in her last declining state bore down also with the expense of a sick Daughter who has been confined to her bed over three years.

City of Washington 16 th / 46-
Hon J. P. Edwards
Sir,
This morning I received a communication from John Plympton G who married the daughter of my Uncle Gardner whose papers are in your Dept as claimant for Prize money & Pension for services on board the Bon Homme Richard &c
An Error as to his Christian name might have taken place
When General Laffayette was in Boston he recognized my Uncle Gardner as the Gunner & often have I heard Uncle G recite the account of the Battle, capture of the Serapis, which prize was taken into Holland
Your kindness in respectfully solicited to direct all the papers relating to this claim to be colated for your further examination at an early day as I am anxious to leave for Boston, for Spurrier (named!) —
I have the honor to be Very Respectfully You W. L. Cummings

Lornia Gardner

Southboro Mass ts Oct r 22 d / 46
Hon J. L. Edwards Com d of Pensions
Sir,
After devoting a few weeks here with my Aunt Gardner, and other aged citizens, all of whom concur fully in the uniform statements made by my late Uncle David Gardner who was first Gunner on board the Bon Homme Richard, under the command of Capt. Landers, who brought Genl. Laffayette to this country.
As to the name of Henry as it appears on the printed roll in Sherburne's Life of Paul Jones, it must have been an error & it is Col. Sherburne's Opinion it is an Error.
In addition to strengthen the above opinion I put the question to my Aunt who is
of

of sound mind, viz, if she ever heard Uncle David Gardner say he was often called Harry or old Harry on board the frigate (the latter term no doubt on account of his being always ready for a fight, — She replied he often told her & others, that he was frequently called Harry on board by the crew, & that he always replied to them when so addressed =
My object is to request you to state if the above facts sworn to before a Justice will not add strength to your former expressed opinions
I have the honor to be Very
Respectfully yours O. H. L. S.
W. L. L. S.
N.B.
Be pleased to drop me a few lines as to the above & address your letter to this place — W.E. —

P. Col. Edward will oblige me by forwarding the printed sheets relating to the pension law, - WE-

Southboro August 28 th 1867.
Hon. J. L. Edwards.
Sir,
Yesterday I sent as you directed the Certificate in accordance with your directions-
As I shall be at the City of Boston after this date - You will be pleased to direct the corrected papers to Boston, to the care of Nath l Green Esqr Post Master of Boston -
Your obt Svt W. L. Gurney

Southboro Aug t 28. 1847.
Hon J. L. Edwards Com te Sec
Sir,
In accordance with your instructions of the 23 rd inst, I herewith enclose by direction of John Rympton Esq general Agent for the Widow Lovina Gardner the certificates for correction —
I have the honor to be Very Respectfully
W. H. Garrison

Southboro July 13 th /47.
Hon. J. L. Edwards Sec.
Sir,
This acknowledges the receipt of yours of the 8 th inst, in which you remark, "it must be shown that the Mary was a man of War belonging to the Massachusetts Navy &c"
In reply to my application on the Secretary of State for information on those points I herewith enclose the Certificate of the 12 th inst.
Thanking your prompt Action on the former Certificate, I have the honor to be
Very Respectfully Your obed Servt Wm L. Garrison

Southboro August 14 th 1847.
To
Hon. J. L. Edwards Dear Sir
Sir,
This acknowledges the receipt of your certificate in favor of my aged Aunt Gardner & draft on Franklin Haven Esq.
I have to inform you that an error exists in the same, viz, It reads (William) Gardner, instead of David , as set forth in the certificate of the Hon. John G. Palfrey Secretary of this State now in your hands.
Be pleased to cause the error to be corrected in your books & also to give me such directions as you may deem proper.
I have the honor to be Very
Respectfully &c &c
Yours W. L. Cannon

Southboro Jan 19 th /47.
Hon d
Sir
Again at the urgent request of my aged Aunt, I have to solicit the favor of your opinion, if any thing prevents your awarding to her the pension & prize money so long her just claim from the U. States—
It being evident from all the facts before you the name of Henry was inserted on the rolls in Error, what now remains to prevent your award, if any thing, be pleased to state the facts, which may be proper to prove before a Committee of Congress if the case must go there for final action—
I have the honor to be
Very Respectfully
Your obed Serv t
W. Cummins
Hon. S. L. Edwards.

Southboro June 22 d /47.
Hon
J. L. Edwards Comm r of Pensions
Sir,
By the enclosed certificate, it is now made manifest: that David Gardner was in the service as set forth on board of which vessel he reached France, where he was transfer d to the Bon Homme Richard by the Agency of our then Minister Dr r Franklin as Cus r . In which capacity he actually served in the capture of the Serapis, & other prizes, as set forth by documents on file in your department. All of which is respectfully submitted for your early consideration & action.
In behalf of her Attorney I have the honor to be Very Respectfully &c &c W m L. Cumming

Payment to be made at Boston by Franklin Haven, Esq., Agent for paying Pension- ers in the Agency of Massachusetts.
Issue New Certificate in this case to Payable on the 4th March, and 4th September in each Livina Gardner year presentation. widow of David
$35 53 per an. Recorded in the Pension Office in Book D Vol. 1 Page 59 by J. Rumpkin, Clerk.
William Emmons Care of Southboro Nathaniel Green Post Master Boston

WAR DEPARTMENT.
WIDOW'S PENSION.
I certify that in conformity with the act of July 7, 1838, Lovina Gardner of Massachusetts, widow of William Gardner, who was a Carpenter's Mate in the Spes Bona , and died on the 6th day of August, 1830, is inscribed on the pension list at the rate of Thirty five dollars and fifty five cents per annum, commencing on the 4th March, 1836, and terminating on the 4th of March, 1841, unless the Pensioner married or died before the above mentioned date; in which case the pension is not payable after the time of such marriage or death.
Given at the War Office of the United States, this sixth day of August , one thousand eight hundred and forty-seven.
W. L. Marcy.
Secretary of War.
Examined and Countersigned.
J. L. Edwards
Commissioner of Pensions.

Southboro, August 1 st 1847.
Hon. J. L. Edwards Comm ee of Pensions
Sir,
Not hearing from the second certificate forwarded to you under the hand of the Hon. John G. Palfry Secretary of this State, giving positive proof of the evidence required by yours of July 3 rd , Virg, that David Gardner was in the Mass, & in the capacity as set forth, as assistant or mate to the Carpenter of said States Armed Vessel of War — — Thus enabling you to make an early award to his long needy Widow who is now and has been sustained by her oldest daughter —
Three weeks having elapsed since the enclosure to you by me of this

This second Certificate, and no reply leads us to fear some accident has befallen it on its way.
Your early consideration is most respectfully solicited.
I have the honor to be
Very
Respectfully
Your obedt Servt
Wm L. Gurney

Southboro September 22 d 1817.
Hon. J. L. Edwards for a Pension Sir,
This acknowledges the receipt of the Corrected pension certificate in favor of the Widow Lovina Gardner for service rendered by her late husband on board the Mar prior to his entering on board the Bon Homme Richard when in France as gunner & was wounded in the Action with the British Frigate Serepis in 1779.
The Widow returns her thanks for what you have been enabled to award, & trusts Congress will enable you by its Action to award her gratuité of prize money at no distant period.
I have the honor to be Very
Respectfully &c W. L. Cummings.

Payment to be made at
Boston, by Franklin Warren, Esq.,
Agent for paying Pensioners, in the
Agency of Massachusetts
Payable on the 4th September and 4th March
Recorded in the Pension Office, in Book A Vol. 2 Page 30
H. Rumphkin, Clerk.

War Department.
Widow's Pension.
3rd March, 1843, and
I certify that in conformity with the acts of June 17, 1844, Lovina Gardner, of Massachusetts, widow of William Gardner, who was a Carpenters' Mate in the Revolution, and died on the 6th day of August, 1830, is inscribed on the pension list at the rate of thirty five dollars and fifty five cents per annum, commencing on the 4th March, 1843, and terminating on the 4th of March, 1848, unless the Pensioner shall marry or die before the last mentioned date; in which case the pension is not payable after the time of such marriage or death.
Given at the War Office of the United States, this sixth day of August, one thousand eight hundred and forty-seven.
W. L. Staref Secretary of War.
E. A. R. / a. 1 Countersigned.
J. Edwards Commissioner of Pensions.

30 th Congress. 1 st Session.
Congress of the United States.
In the House of Representatives.
January 3 rd , 1848.
Resolved, That the Commissioner of Pensions be requested to transmit to the Committee of Claims, the petition and accompanying documents of Sarah Gardner of Napa Co., Cal., widow of David Gardner, one of the crew of the ship "Emma Richard", commanded by John Paul Jones.
Attest,
Thos. J. Campbell Clerk.

Lot 43-9329 No 4.656
Livina Gardner Dau d widow of William Map act 7 July 1838
Adm 7 mo 27 days, Casper's Mate $35 55 per Annum
Adm. acts 3 March 1843 and 17 June 1844 $35 55 per Annum
William Ennins Senchturo Map

Washington City
March 4 th 1848
Sir
I have the honor to ask your attention to a Resolution of the House, requesting you to transmit to the Com tee on claims, the papers in the case of Lovina Gardner, widow of David Gardner, who claimed to be one of the crew of the "Newhomme Richard," commanded by Com d John Paul Jones - and that his name was erroneously entered Henry instead of David upon the roll of that vessel - if you will transmit the papers on file in your office in this case to Hon ble John Brown a member of the Com tee of claims, who has charge of the Petition of L. Gardner you will oblige me -
With great respect &c
Your W th . Servant
J. H. Grinnell
J. L. Edwards Esq r
Com tee of Pensions

Massachusetts
Lovina Gardner
Widow of David Gardner who was a pensioner under the Act of _____ and who died on the 6th August 1830, of Southampton in the State of Mass who was a Corporal in the Company of the Regt commanded by _____ in the Registration line for 7 Mos. & 28 days
Inscribed on the Roll of Massachusetts at the rate of 35 Dollars 55 Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 6 day of August 47 and sent to Wm Emory Southboro
Total amount, $ 1777 50
[Act July 7, 1838.]
Recorded by Thos Lankin Clerk, Book D Vol. 1 Page 59
Reported New certificate issued in this case Sept. 2nd 1847 sent to Wm Emory care of Nathl Green P.M. Boston
Reported

Reported
W. to Wm Emory
Aug 23. '47
New certificate is in this case Sept. 2 1847. former one cancelled and sent to Wm Emory care of Nathl Green P. St. Boston
Paper withdrawn by Rev. H.R. of 3 Jan'y 1848 - see letter to CLK H.R. Jan 6. 1848.
Replied
Massachusetts 8223
Lavina Gardner widow of James Gardner who was a Carpenter's Mate in the Revolution Husband died 6th Aug t 1830.
Inscribed on the Roll at the rate of 35 Dollars 35
Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 6th day of August, 1847 and sent to Wm Emory Southboro Mass
[Acts of March 3, 1843, and June 17, 1844.]
Recorded in Book 30 Vol. 2 Page 30